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HomeMy Public PortalAbout12-03-2012PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, DECEMBER 3, 2012 The Common Council of the City of Richmond, Indiana met in regular session December 3, 2012 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR WINGET President Quinn called the meeting to order and the following business was conducted: ROLL CALL Present were: Howard "Jack" Elstro, Kelley Cruse - Nicholson, Bruce Wissel, Clayton Miller, Don Winget, Lary Parker, Misty Hollis, Ron Oler and Phil Quinn. Also in attendance were Walt Chidester, City Attorney; Sally Hutton, Mayor; Karen Chasteen, City Clerk; Kyle Tom; Gordon Moore, Beals and Associates; Amy Holthouse, Chamber of Commerce; Kent Beisner; Scott Zimmerman; Tony Foster; Eleanor Turk; Kathy Haley; Kim Smith; Margaret Stevens; Sherrie Harlin, Minority Health Coalition; Diane Whitehead, Neighborhood Policing; Sue Roberson, Human Resources; Indiana University East Volleyball Team; Sergeant -at -Arms; and, Media. APPROVAL OF MINUTES Mr. Wissel moved to approve the minutes of the meeting held November 19, 2012, supported by Mr. Parker. Upon a vote viva voce, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS ■ Mayor Hutton presented the following Proclamation to the Indiana University East Volleyball Team in recognition of receiving the NAIA Champions of Character Team Award: WHEREAS, as a NAIA member, Indiana University East has joined 228 colleges and universities throughout the United States and Canada that share a commitment to academics and athletics, and WHEREAS, the IU East Red Wolves Volleyball team has flourished under the direction of Head Coach, Charlie Brown and Assistant Coach, Londa Brown, who have inspired these young role models to demonstrate integrity, respect, responsibility, sportsmanship and servant leadership, all of the attributes of REAL CHAMPIONS, and WHEREAS, through their own solid moral character and passion of the game, Coaches Charlie and Londa Brown have raised personal excellence among team members on and off the court, and WHEREAS, recently, during the NAIA Volleyball National Championship Banquet of Champions in Sioux City, Iowa, the IU East Red Wolves volleyball team was honored as the 2012 -2013 recipient of the NAIA's Buffalo Funds Five Star Champions of Character Team Award, and Common Council Minutes December 3, 2012 Page 2 of 6 WHEREAS, although IU East has been a Champions of Character institution every year since joining the NAIA in 2007, this is a first Champions of Character Team Award for the IU East volleyball program and the fifth for the school's athletic department, and WHEREAS, I would like to express to these dedicated, haul working Champion's who put themselves out on the line, a sincere congratulations on your Champions of Character Award, and to give you thanks and appreciation for your dedication, allowing this community the joy of watching you compete and the recognition you have brought to IU East athletics. NOW THEREFORE, by virtue of the authority vested in me as Mayor of the City of Richmond, and on behalf of all its citizens, we do hereby celebrate this day and applaud the commitment of each member of the IU East Red Wolves volleyball team, and proudly proclaim Monday, December 3, 2012 as /U EAST VOLLEYBALL CHAMPIONS OF CHARACTER DAY. ■ RESOLUTION 8 -2012 - SUPPORTING THE UNITED STATES BICYCLE ROUTE 50 This Resolution would designate Hodgin Road /South "L" Street as a bicycle land in support of the development of the United States Bicycle Route 50. Signs would be posted within the City of Richmond right -of -way identifying the route. Mr. Miller moved to adopt Resolution No. 8 -2012, supported by Mr. Winget. Upon a vote viva voce, the motion passed. COMMUNICATION FROM THE MAYOR ■ This is the last week of leaf pick -up for 2012. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the November 1, 8, 15 and 21, 2012, meetings were accepted as presented. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and/or ORGANIZATIONS • POLICE MERIT COMMISSION RE- APPOINTMENT: Police Chief Wolski submitted Sandi Rowe be reappointed to the Merit Commission. Council will finalize this at the December 17, 2012 meeting which will allow for additional nominations. MISCELLANEOUS BUSINESS None ORDINANCES ON FIRST READING ORDINANCE NO. 70-2012 — A GENERAL ORDINANCE AMENDING SECTION 30.01 OF CHAPTER 30 OF THE CITY OF RICHMOND CODE REGARDING BOUNDARIES FOR COUNCIL DISTRICTS The Clerk read Ordinance No. 70 -2012 on first reading by title only. Indiana Code requires all second class cities to review and revise Council District boundaries following each national census, with the specific requirement and /or recommendation that the population deviation Common Council Minutes December 3, 2012 Page 3 of 6 from one District to another District not exceed ten percent (10%). Due to population changes, as reflected in the most recent 2010 Federal Census, the following changes were proposed: Section 30.01 of Chapter 30 of the City of Richmond Code be amended to read as follows except that portions that appear in bold shall appear in normal print and portions that are stricken shall not appear (bold portions represent new additions to Code and stricken portions represent deletions, these are included to facilitate understanding of the changes being made): 30.01 COUNCIL DISTRICTS The City of Richmond, County of Wayne, Indiana, shall be divided into six (6) council districts which shall be numbered, bounded and defined as follows: (a) First District: All that territory lying within the boundaries of the precincts Wayne 4, 5, 6 19, and 33 and all the territory that may be subsequently assigned to said district by reason of an annexation ordinance shall be known as the First District. (b) Second District: All that territory lying within the boundaries of the precincts Wayne 7, 8, 10, and 27 and all the territory that may be subsequently assigned to said district by reason of an annexation ordinance shall be known as the Second District. (c) Third District. All that territory lying within the boundaries of the precincts Wayne 11, 15, 24, 25, 26 and 32 and all the territory that may be subsequently assigned to said district by reason of an annexation ordinance shall be known as the Third District. (d) Fourth District. All that territory lying within the boundaries of the precincts Wayne 12, 13, 14, 23, and 30 and all territory that may be subsequently assigned to said district by reason of an annexation ordinance shall be known as the Fourth District. (e) Fifth District: All that territory lying within the boundaries of the precincts Wayne 9, 18, 17, 28, 29, and Center 6, and all the territory that may be subsequently assigned to said district by reason of an annexation ordinance, shall be known as the Fifth District. (f) Sixth District. All that territory lying within the boundaries of the precincts Wayne 16, 20, 21, 22, and 31 and all the territory that may be subsequently assigned to said district by reason of an annexation ordinance, shall be known as the Sixth District. Mr. Elstro moved to hold this on second reading and public hearing December 17, 2012, supported by Mr Miller. Upon a vote viva voce, the motion passed. ORDINANCES ON SECOND READING ORDINANCE NO. 57 -2012 —A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR CERTAIN PARCELS FROM HIGH DENSITY SINGLE - FAMILY RESIDENTIAL DISTRICT TO GENERAL COMMERCIAL DISTRICT (NW 16/17 and National Road West) The Clerk read Ordinance No. 57 -2012 on second reading by title only. This Ordinance is a petition to rezone properties in the 1600 block of National Road West. The property owner has the opportunity to develop the lots for a commercial business. This petition was heard by the Richmond Advisory Plan Commission on public hearing November 15, 2012. The Commission voted five to three against recommending approval of this rezoning. The Staff recommended approval with the following conditions: 1) Lots shall meet the standards for General Commercial if adequate landscape Common Council Minutes December 3, 2012 Page 4 of 6 buffering is provided; 2) A new development would be limited to one curb cut onto National Road West; and, 3) Lots will be combined into a new single property description which would not be re- divided. Council President Quinn declared Ordinance No. 57 -2012 on second reading and public hearing. Speaking against the Ordinance was Ms. Smith, Ms. Turk and Ms. Haley. Speaking in favor of the Ordinance was Ms. Stevens, Mr. Moore and Mr. Tom. Mr. Miller moved to amend this Ordinance by including the conditions recommended by Staff, supported by Mr. Wissel. Upon a vote viva voce, the motion passed. Mr. Miller moved for engrossment of Amended Ordinance No. 57 -2012, supported by Mr. Winget. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Amended Ordinance No. 57 -2012 to third and final reading and suspend the rules and read by title only, supported by Mr. Miller. Upon a vote viva voce, the motion passed. The Clerk read Amended Ordinance No. 57 -2012 on third reading by title only. Amended Ordinance No. 57 -2012 was adopted with a 7 -2 roll call vote. Dissenting were Messrs. Elstro and Parker. ORDINANCE NO. 59 -2012 — A SPECIAL ORDINANCE VACATING A PUBLIC WAY (Alley — 700 Blk N 10' Street) The Clerk read Ordinance No. 59 -2012 on second reading by title only. This Ordinance is a petition to vacate an alley in the 700 block of North 101h Street. This vacation would allow the property owner to develop the lots for a commercial business. This petition was heard on public hearing at the November 15, 2012 Richmond Advisory Plan Commission meeting. The Staff recommendation is for approval based on the Findings of Fact and with the commitment that utilities will be removed from the vacated alley. Council President Quinn declared Ordinance No. 59 -2012 on second reading and public hearing. Speaking in favor of the Ordinance was Ms. Harlin and Mr. Moore. Mr. Miller moved to amend Ordinance No. 59 -2012 as follows: WHEREAS, The overhead power lines will be replaced with underground lines, WHEREAS, The sanitary sewer will be relocated along the northeast and east perimeter of the property, WHEREAS, The vacation would not hinder the growth and orderly development of the community in which it is located in or contiguous to; since the land does not connect to other public access areas; WHEREAS, The vacation would not make access to lands owned by others by means of a public way difficult or inconvenient because adjoining properties have frontage on existing streets, WHEREAS, The vacation would not hinder the public's access to a church, school or other public building or place, because the existing adjoining properties are accessible from existing streets, WHEREAS, The vacation would not hinder the use of a public way by the neighborhood in Common Council Minutes December 3, 2012 Page 5 of 6 which it is located or to which it is contiguous, because the areas being vacated are not developed for public use or access, and The motion was supported by Mr. Winget Upon a vote viva voce, the motion passed. There being no comments against the Amended Ordinance, Mr. Wissel moved for engrossment of Ordinance No. 59 -2012, supported by Mr. Miller. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Amended Ordinance No. 59 -2012 to third and final reading and suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. The Clerk read Amended Ordinance No. 59 -2012 on third reading by title only. Amended Ordinance No. 59 -2012 was adopted with a 9-0 roll call vote ORDINANCE NO. 60-2012 — A SPECIAL ORDINANCE VACATING A PUBLIC WAY (Alley — N 13 &"G" Streets) The Clerk read Ordinance No. 60 -2012 on second reading by title only. This Ordinance is a petition to vacate two alleys on the site of the former Nicholson School at North 13`h and "G" Streets. It is necessary to correct this paperwork for the Richmond Housing Authority to build its assisted living facility on the property. This Petition was heard on public hearing at the November 15, 2012 meeting of the Richmond Advisory Plan Commission. The Staff recommendation is for approval based on the following Findings of Fact: 1) The vacation would not hinder the growth and orderly development of the community in which it is located in or contiguous to; since the land does not connect to other public access areas; 2) The vacation would not make access to lands owned by others by means of a public way difficult or inconvenient; because adjoining properties have frontage on existing streets; 3) The vacation would not hinder the public's access to a church, school or other public building or place; because the existing adjoining properties are accessible from existing streets; and 4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous; because the areas being vacated are not developed for public use or access. Mr. Miller moved to amend Ordinance No. 60 -2012 to include the Findings of Fact, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Council President Quinn declared Amended Ordinance No. 60 -2012 on second reading and public hearing. Speaking in favor of the Amended Ordinance was Ms. Harlin and Mr. Moore. There being no comments against the Ordinance, Mr. Parker moved for engrossment of Amended Ordinance No. 60- 2012, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. Mr. Miller moved to advance Amended Ordinance No. 60 -2012 to third and final reading and suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. The Clerk read Amended Ordinance No. 60 -2012 on third reading by title only. Amended Ordinance No. 60 -2012 was adopted with a 9-0 roll call vote ORDINANCE NO. 61-2012 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR CERTAIN PARCELS FROM OUTDOOR COMMERCIAL AND URBAN RESIDENTIAL DISTRICT TO GENERAL COMMERCIAL DISTRICT (715 -725 N le Street) The Clerk read Ordinance No. 61 -2012 on second reading by title only. r Common Council Minutes December 3, 2012 Page 6 of 6 This Ordinance is a petition to rezone properties at 715 and 725 North 10"' Street and 1025 North "H" Street. The property is being considered for a commercial development (Dollar General). The Staff and Plan Commission recommended approval. Council President Quinn declared Ordinance No. 61 -2012 on second reading and public hearing. Speaking in favor of the Ordinance was Ms. Harlin and Mr. Moore. There being no comments against the Ordinance, Mr. Miller moved for engrossment of Ordinance No. 61 -2012, supported by Mr. Winget. Upon a vote viva voce, the motion passed. Mr. Miller moved to advance Ordinance No. 61 -2012 to third and final reading and suspend the rules and read by title only, supported by Ms. Cruse - Nicholson. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 61 -2012 on third reading by title only. Ordinance No. 61 -2012 was adopted with a 9-0 roll call vote ORDINANCE NO. 52 -2010 - A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6 -1.1 -12.1 (Perpetual Recycling -real estate) The Tax Abatement Committee requested this be held on second reading. ORDINANCE NO. 64 -2012 - A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I.C. 6-1.1 -12.1 (Perpetual Recycling — real estate) The Tax Abatement Committee requested this be held on second reading. ORDINANCES ON THIRD READING AMENDED ORDINANCE NO. 66 -2012 - GENERAL ORDINANCE AMENDING RICHMOND CITY CODE FOR WORKING SPOUSE HEALTH INSURANCE Due to the fact all collective bargaining units agreed the language in this Ordinance be included in their contracts, Ms. Cruse - Nicholson moved to strike Ordinance No. 66 -2012, supported by Mr. Miller. Upon a vote viva voce, the motion passed. CALL FOR ADJOURNMENT There being no further business, on a motion duly made, sec"d and passed, the meeting was adjourned. p- Mathew Quinn, President ATTEST: �- aren Masteen, IAMC, MMC City Clerk A recording of this meeting is on file in the City Clerk's Office.